LEGISLATIVE RECORD - HOUSE, February 28, 2001
ONE HUNDRED AND TWENTIETH LEGISLATURE
FIRST REGULAR SESSION
17th Legislative Day
Wednesday, February 28, 2001
The House met according to adjournment and was called to order by the Speaker.
Prayer by Pastor Dennis Gonczy, Evangelical Baptist Church, Bucksport.
National Anthem by Loranger Middle School Jazz Band, Old Orchard Beach.
Pledge of Allegiance.
Doctor of the day William Bergen, D.O., Presque Isle.
The Journal of Thursday, February 22, 2001 was read and approved.
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SENATE PAPERS
The following Joint Order: (S.P. 340)
ORDERED,the House concurring, that the Joint Standing Committee on Legal and Veterans Affairs review the first election cycle under the Maine Clean Election Act. In studying the issue, the committee shall solicit testimony from Legislators, 2000 candidates and any other concerned parties. The Commission on Governmental Ethics and Election Practices shall provide necessary information, including a financial breakdown. The committee shall report out, to the Senate, a bill implementing the committee's recommendations no later than April 15, 2002.
Came from the Senate, READ and PASSED.
READ and PASSED in concurrence.
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Non-Concurrent Matter
Resolve, Establishing a Minimum Pay Grade Increase for State Police Officers (EMERGENCY)
(H.P. 743) (L.D. 962)
REFERRED to the Committee on APPROPRIATIONS AND FINANCIAL AFFAIRS in the House on February 20, 2001.
Came from the Senate REFERRED to the Committee on LABOR in NON-CONCURRENCE.
The House voted to RECEDE AND CONCUR.
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Non-Concurrent Matter
Bill "An Act to Enhance the Quality and Accessibility of HIV Services and Prevention Services"
(H.P. 779) (L.D. 1023)
REFERRED to the Committee on HEALTH AND HUMAN SERVICES in the House on February 20, 2001.
Came from the Senate REFERRED to the Committee on JUDICIARY in NON-CONCURRENCE.
On motion of Representative LaVERDIERE of Wilton, TABLED pending FURTHER CONSIDERATION and later today assigned.
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COMMUNICATIONS
The Following Communication: (H.C. 61)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on Banking and Insurance
February 20, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Banking and Insurance has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 100Resolve, to Study the Expansion of Private Prescription Drug Insurance for Maine's Elderly
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Lloyd P. LaFountain III
Senate Chair
S/Rep. Christopher P. O'Neil
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 62)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on Health and Human Services
February 20, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Health and Human Services has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 35An Act Regarding the Rights of Parents and Other Family Members of Adults with Mental Retardation
L.D. 90An Act to Clarify the Provision of Mental Health Services
L.D. 137An Act to Provide Accountability in the Handling of Funds for Consumers of Mental Health Services
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Susan W. Longley
Senate Chair
S/Rep. Thomas J. Kane
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 63)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on Legal and Veterans Affairs
February 20, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Legal and Veterans Affairs has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 20An Act to Increase the Pay-out Limit for Bingo Events
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. Neria R. Douglass
Senate Chair
S/Rep. John L. Tuttle, Jr.
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 64)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on State and Local Government
February 20, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on State and Local Government has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 58RESOLUTION, Proposing an Amendment to the Constitution of Maine to Provide for the Direct Popular Election of the Attorney General
L.D. 63RESOLUTION, Proposing an Amendment to the Constitution of Maine to Provide 4-year Terms for Senators and Members of the House of Representatives
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Peggy A. Pendleton
Senate Chair
S/Rep. Martha A. Bagley
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 65)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on Taxation
February 20, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Taxation has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 138An Act to Exempt Sales of Clothing from Tax for 2 Weeks in August
L.D. 171An Act to Require the State to Reimburse Communities and Unorganized Territories for Loss of Tax Revenue when the State Purchases 100 Acres or More of Land
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Kenneth T. Gagnon
Senate Chair
S/Rep. Bonnie Green
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 66)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on Transportation
February 20, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Transportation has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 140An Act to Require the Commissioner of Transportation to Accelerate Repairs that Improve Access Roads to Rural Areas of the State
L.D. 148Resolve, Directing the Department of Transportation to Place Signs for Chamberlain Freedom Park on Existing Signposts on Interstates 95 and 395
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Christine R. Savage
Senate Chair
S/Rep. Charles D. Fisher
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 67)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on appropriations and financial affairs
February 23, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Appropriations and Financial Affairs has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 136An Act to Increase the Adult Education State Subsidy by a Specific Percentage
L.D. 146An Act to Promote High Technology Training Programs in Maine Schools
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Jill M. Goldthwait
Senate Chair
S/Rep. Randall L. Berry
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 68)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on Banking and Insurance
February 23, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Banking and Insurance has voted unanimously to report the following bills out "Ought Not to Pass":
L.D. 142An Act to Ensure that Persons Issuing Bad Checks are Solely Responsible for Overdraft Charges
L.D. 175An Act to Require a Separate Long-term Care Insurance License
L.D. 208An Act to Amend the Uninsured Motor Vehicle Coverage Requirements
L.D. 256An Act to Limit the Interest Rate Charged on Debt to 29 Percent
We have also notified the sponsors and cosponsors of each bill listed of the Committee's action.
Sincerely,
S/Sen. Lloyd P. LaFountain III
Senate Chair
S/Rep. Christopher P. O'Neil
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 69)
STATE OF MAINE
HOUSE OF REPRESENTATIVES
SPEAKER'S OFFICE
AUGUSTA, MAINE 04333-0002
February 22, 2001
Hon. Millicent MacFarland
Clerk of the House
2 State House Station
Augusta, ME 04333
Dear Clerk MacFarland:
Pursuant to my authority under P.L. 1999, Chapter 779, subsection 1670, I am pleased to appoint the following House members to serve on the Mercury Products Advisory Committee:
Representative Scott W. Cowger of Hallowell, House Chair; and
Representative Robert A. Daigle of Arundel
Should you have any questions regarding these appointments, please contact my office.
Sincerely,
S/Michael V. Saxl
Speaker of the House
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 70)
STATE OF MAINE
ONE HUNDRED AND TWENTIETH LEGISLATURE
Committee on Natural Resources
February 23, 2001
Honorable Michael H. Michaud, President of the Senate
Honorable Michael V. Saxl, Speaker of the House
120th Maine Legislature
State House
Augusta, Maine 04333
Dear President Michaud and Speaker Saxl:
Pursuant to Joint Rule 310, we are writing to notify you that the Joint Standing Committee on Natural Resources has voted unanimously to report the following bill out "Ought Not to Pass":
L.D. 239An Act to Amend the Laws Concerning Wetlands Use
We have also notified the sponsor and cosponsors of the Committee's action.
Sincerely,
S/Sen. John L. Martin
Senate Chair
S/Rep. Scott W. Cowger
House Chair
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 71)
STATE OF MAINE
120TH MAINE LEGISLATURE
February 26, 2001
Millicent M. MacFarland
Clerk of the House
2 State House Station
Augusta, Maine 04333
Dear Clerk MacFarland:
Pursuant to our authority under 3 MRSA §901-A, we are pleased to appoint the Honorable Richard J. "Spike" Carey of Belgrade and Gary Crocker of West Gardiner to the State House and Capitol Parks Commission.
Please let us know if there any questions regarding these appointments.
Sincerely,
S/Michael H. Michaud
President of the Senate
S/Michael V. Saxl
Speaker of the House
READ and ORDERED PLACED ON FILE.
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The Following Communication: (S.P. 341)
STATE OF MAINE
120TH MAINE LEGISLATURE
February 22, 2001
Hon. Betheda G. Edmonds
Senate Chair, Joint Standing Committee on Labor
Hon. Zachary E. Matthews
House Chair, Joint Standing Committee on Labor
120th Legislature
Augusta, ME 04333
Dear Senator Edmonds and Representative Matthews:
Please be advised that Governor Angus S. King, Jr. has nominated Eunice C. Mercier of Augusta and Peter M. Leslie of Cape Elizabeth for appointment as members of the Maine State Retirement Board of Trustees.
Pursuant to Title 5, M.R.S.A. §17102, these nominations will require review by the Joint Standing Committee on Labor and confirmation by the Senate.
Sincerely,
S/Michael H. Michaud
President of the Senate
S/Michael V. Saxl
Speaker of the House
Came from the Senate, READ and REFERRED to the Committee on LABOR.
READ and REFERRED to the Committee on LABOR in concurrence.
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The Following Communication: (S.P. 342)
STATE OF MAINE
120TH MAINE LEGISLATURE
February 22, 2001
Hon. Norman K. Ferguson, Jr.
Senate Chair, Joint Standing Committee on
Utilities and Energy
Hon. William R. Savage
House Chair, Joint Standing Committee on
Utilities and Energy
120th Legislature
Augusta, ME 04333
Dear Senator Ferguson and Representative Savage:
Please be advised that Governor Angus S. King, Jr. has nominated Stephen L. Diamond of Gardiner for reappointment as Commissioner of the Public Utilities Commission.
Pursuant to Title 35-A, M.R.S.A. §105, this nomination will require review by the Joint Standing Committee on Utilities and Energy and confirmation by the Senate.
Sincerely,
S/Michael H. Michaud
President of the Senate
S/Michael V. Saxl
Speaker of the House
Came from the Senate, READ and REFERRED to the Committee on UTILITIES AND ENERGY.
READ and REFERRED to the Committee on UTILITIES AND ENERGY in concurrence.
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The Following Communication: (S.C. 64)
120TH LEGISLATURE
SENATE OF MAINE
OFFICE OF THE SECRETARY
3 STATE HOUSE STATION
AUGUSTA, ME 04333-0003
February 22, 2001
The Honorable Michael V. Saxl
Speaker of the House
2 State House Station
Augusta, ME 04333
Dear Speaker Saxl:
In accordance with Joint Rule 506, please be advised that the Senate today confirmed upon recommendation of the Joint Standing Committee on Judiciary the nomination of the Honorable Roland Beaudoin of Falmouth, for reappointment as a Maine District Court Judge
Sincerely,
S/Joy J. O’Brien
Secretary of the Senate
READ and ORDERED PLACED ON FILE.
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The following item was taken up out of order by unanimous consent:
SPECIAL SENTIMENT CALENDAR
In accordance with House Rule 519 and Joint Rule 213, the following items:
Recognizing:
the following members of the Girls' Lacrosse Team at Bonny Eagle High School: Jessica Pellerin, Anna Korsen, Heather Andrews, Michelle King, Caitlyn McNeil, Jennifer Basford, Kristen Martin, Colleen Morgan, Amy Christensen, Melinda Burnell, Heidi Ritter, Ashley Pellerin, Angela King, Emily Souza, Emily Deering, Maegan Lambert, Loren Bowley, Elaine McCarthy, Caitlyn Sherry, Shanna Fuller, Jessica Verostick, Courtney Boardman, Alicia Frenette, Brook Bowley and coaches Florence Smith and Faith Littlefield, winners of the Class A 2000 State Lacrosse Championship. We extend our congratulations to them on their achievement;
(HLS 104)
Presented by Representative SAVAGE of Buxton.
Cosponsored by Representative HAWES of Standish, Senator McALEVEY of York, Senator O'GARA of Cumberland, Representative TARAZEWICH of Waterboro, Representative DAIGLE of Arundel, Senator PENDLETON of Cumberland.
On OBJECTION of Representative SAVAGE of Buxton, was REMOVED from the Special Sentiment Calendar.
READ.
The SPEAKER: The Chair recognizes the Representative from Buxton, Representative Savage.
Representative SAVAGE: Mr. Speaker, Men and Women of the House. Several of us in this body have the distinct privilege of representing the communities that belong to Bonny Eagle High School. Among Bonny Eagle High School's fine teachers and coaches, there are two, Coach Littlefield and Coach Smith, who develop scholars and athletes. They develop people who will become distinguished members of the community. This year, those girls who are in the gallery today were the state champions, lacrosse champions. We are very proud of them and
we are glad they could come here today to receive this sentiment. We wish them luck in the future. Thank you.
PASSED and sent for concurrence.
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The SPEAKER: The Chair recognizes the Representative from Portland, Representative Quint who wishes to address the House on the record.
Representative QUINT: Mr. Speaker, Men and Women of the House. I would like to take this opportunity to express my condolences and sympathy to the family of Bob Ganley, Sr. Bob Ganley was a great man who was the City Manager of Portland for many years. He loved the City of Portland. He was dedicated and passionate and fiercely held his opinions about how things should be done in the city, that was his way. Although often times people would only see the steadfast and serious side of Bob, there was another side. Bob was a tireless advocate for Portland's homeless ensuring that everyone had a place to stay every night. He was an advocate for our newcomers to the city, both refugees and immigrants and made then feel welcome. He was a strong and passionate advocate for public health and long-term care and because of that, Portland is one of two cities that has a long-term care facility, one of the best in the state. Finally, he was not a man who did not take risks. Portland was the first city in the state to have a needle exchange program for HIV/AIDS and needle users.
I would like to take this opportunity to read the memoriam that is dedicated to Bob Ganley. "Robert B. Ganley, City Manger of Portland for the past 14 years, who leaves a legacy of effective leadership and who possessed a deep commitment to his city, its employees and especially its residents. Mr. Ganley had a clear vision of what makes an attractive, exciting and properly functioning city and of the critical role local government has in making this possible. He believed passionately that taxpayers are deserving of excellent city services, trusted implicitly the knowledge and intentions of rank-and-file employees and was committed to the city's homeless in a way unparalleled in the State and rare nationally. He had a long list of achievements during his years in office, including a successful downtown revitalization, changes in city programs and services to make them more responsive to the needs of immigrants and people of different cultural backgrounds and the construction of Hadlock Field as home to the Portland Sea Dogs." It is with great sadness that I read this to you today. Thank you Mr. Speaker.
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The SPEAKER: The Chair recognizes the Representative from Portland, Representative Norbert who wishes to address the House on the record.
Representative NORBERT: Mr. Speaker, Ladies and Gentlemen of the House. I want to add my voice and praise of Bob Ganley as well. As many of you know and as the good Representative from Portland, Representative Quint, just reminded you, the City of Portland lost a great visionary leader just before Christmas this year. His loss was as tragic as it was unexpected. Bob Ganley worked very closely with the members of the legislative delegation in trying to improve the city, its services and its place in the state. He, I am proud to say, was my constituent. He lived just down the road from me in North Deering. I was proud to represent him and always enjoyed our conversations. As Representative Quint mentioned, he was a great leader on so many projects that have changed the face of the city. The Sea Dogs, working with out homeless community, our immigrants, revitalizing the downtown and there are a lot of projects on the horizon that he was very excited about. I know the Ocean Gate Marine Terminal at the foot of India Street was something that he was working hard on. We are honored to have his family in the gallery today. We wanted to be sure that they knew that this is a man who will be missed very much. We know that it is still very hard for you, I am sure, to hear these words today. We wanted to just let you know how much he will be missed and how much he meant to all of us. I know that his children, Amy, Jill and Bob Jr. up are up in the gallery. His parents, his brothers with their wives, his nieces a nephews and his former wife are up there too. We just all wanted to make sure that you knew that he will be missed. Mr. Speaker, I would request that when we adjourn today that we would do so in the memory of Bob Ganley.